2021-UNAT-1149, Lara Sahyoun
UNAT agreed that the application was not receivable ratione materiae. The Tribunal explained that on 21 March 2019, it had become clear to the staff member that the Agency had not shortlisted her for these two posts. This information was confirmed on 21 March 2019 by HR to the staff member. The Tribunal also noted that there were nothing in the communications between the parties indicating that the matter would be reopened or reconsidered. Furthermore, the subsequent email from HR on 8 April 2019 detailing the reasons why she was not selected was not a new administrative decision but rather a reiteration of a prior one. Accordingly, UNAT dismissed the appeal, finding that UNRWA DT properly determined the application not receivable ratione materiae.
A staff member contested the decision of the Agency not to select her for two posts that she had applied. She became aware of her non-selection when she learned that she had not been invited for the written tests for these two posts. She inquired from the Head of Human Resources, Lebanon Field Office, (HR) on 21 March 2019 regarding her two job applications, and HR informed her on the same day that her applications were not successful at this time thanked her for her interest. She met with the Deputy Director of UNRWA Operations and HR on 22 March 2019, and on 8 April 2019, HR sent her an email setting out the reasons why she was not shortlisted. The staff member filed a request for management evaluation on 24 May 2019 and an application with the UNRWA DT on 25 June 2019. UNRWA DT rejected the application, finding it not receivable ratione materiae. The tribunal noted that the staff member became aware of her non-selection on 21 March 2019 when she learned that she was not invited to take the tests. The staff member herself admitted to this fact in her decision review request. Consequently, the 60-day limitation began to run on 21 March 2019, and therefore the staff member had until 20 May 2019 to file her application. Instead, she filed on 24 May 2019. Therefore, the application was not receivable since the staff member had failed to file a timely request for management review, which is a mandatory first step in the appeals process.
The deadlines for management evaluation cannot be waived. A reiteration of a prior administrative decision does not reset the clock with respect to the deadline for management evaluation. The time runs from the date the original decision was made. A staff member cannot reset the clock by asking for confirmation or questioning a decision that has already been communicated to her.
Appeal is dimissed, and UNRWA DT Judgment on receivability is affirmed.